Video of How to Hire a DUI Lawyer and What to Expect. Do You Need Affordable Payments?

First time DUI ? You may have many questions. Do I need a DUI lawyer? And How much does it cost for a really good DUI lawyer and do they ever take payment plans? DUI clients want to know if they have to drive downtown and park only to go into a big high-rise in San Diego or Mission Valley. Or can they find a nearby lawyer where parking is not a hassle and has a nice staff. Even better, can you talk with a lawyer (and not a salesman) who is willing to take your case, including the DMV, and let you make a payment plan that is affordable and cheap enough to fit in the budget of a family, young person or student. A good person with a first time DUI has a lot of worries, questions and concerns about how they can hire a good lawyer to help them.San Diego Defenders made this video which actually shows you what it is like to find a DUI lawyer’s office and park for free in front of the office and walk in. The friendly receptionist will give you a form to fill out in the casual lobby where there are DUI manuals, breathalizers and diplomas and photos as far back as 1916 showing the third generation lawyer, Dan Smith’s grandfather and father (a former DUI judge) family experience dating to the days of alcohol prohibition. As a former Federal Defender, Mr. Smith also defends many people charged with crossing drugs across the nearby San Ysidro border. Attorney Jon Pettis is best DUI lawyer in our firm (and we believe all of San Diego County). Clients benefit from a combined 44 years experience not counting the three generation of Smith lawyers starting in 1916!

DUI lawyer and founding member of San Diego Defenders, Daniel Smith, will meet you in the lobby. He is casual, confident, and friendly in explaining the process of hiring the law firm which includes associate attorney John Pettis, a UCLA law school alum referred to as the “Professor of DUI Defense” by many. Dan Smith stresses that if you are charged with a DUI and call (619) 233-6900 to make an appointment, that he or Jon Pettis will meet with you personally.The video shows how easy it is to actually identify the San Diego Defenders office at 585 Third Ave., Chula Vista, CA 91910 which you can also find by searching for “google maps” click the link and type in “San Diego Defenders” where a map will show you how to get there and what it looks like on a street view. The video is short and shows how you may park for free in front of the office, meet the friendly receptionist, be introduced to Dan Smith and walk into the conference room of the boutique law firm. There, attorney Dan Smith actually explains the process and how a flat fee will be presented to you together with a payment plan to make it affordable for a person charged for first time DUI VC 23152 and he DMV Admin Per Se hearing. This video shows you exactly what you can expect if you hire a DUI lawyer at San Diego Defenders, so take a couple of minutes to watch. You will feel better about what to expect when hiring a lawyer in a DUI or any criminal defense case.

Recently, the UT had an article that “officers looking for underage drinkers made more than 100 arrests at two weekend concerts..”

So what happened to these underage concert goers who were approached by the police in the parking lot? It just so happens that many young people and older alike are “tail gaters” so they set up a table, chairs, barbeque and an ice chest full of beer. The Chula Vista police department sends in a detail to ask who owns the car and who came with you? If the kid and his or her passengers are underage AND if there is a beer or wine cooler on or around the car, the officers can write them a ticket for MIP or Minor in Possession of Alcohol.

That is a ticket under B&P 25662 aka Business & Professions Code 25662 and it can be an infraction or a misdemeanor. The penalties for kids or “young adults” under the age of 21 in possession of alcohol as a misdemeanor shall pay a fine of $250 and the worst related punishment is that there is a mandatory revocation of driving privileges for one year under Vehicle Code 13202.5 and that is really a problem for most college kids whether they are in state or out of state.

Why is a misdemeanor such a big deal? That is the question the parents ask San Diego Defenders. The parents may or may not hear about this “ticket” for some time. There are many problems that this so-called ticket can create. Usually the penalty carries a term of probation of 3 years and that is 3/4 of a four year degree! As an example, I tell them that if your child is in college and studying nursing, then they would not be eligible for the clinical portion of their education which is mandatory for a nursing degree. Virtually any professional vocational requires a clinical component and the student simply cannot be on probation even if it is summary or informal probation to participate.

Many parents are under the impression that the driving suspension will not affect the student in another state. The fact is that many states share information under the State Compact. Therefore a student’s driving privilege may be suspended in another states as well. Also, many parents believe that a “restricted license” is easily obtainable because the student that lives off campus simply cannot get to school, therefore the DMV has to grant them a provisionary license. This “hardship exemption” is difficult to get and is in no way automatic.

In conclusion, at San Diego Defenders, APC we always represent our clients vigorously. Many of the over 100 students that received tickets at the amphitheater concert shows will wait to investigate, also known as “google” the possible outcomes and penalties. The dates for our most recent case in June was set for a September hearing. We suggest that you give us a call today and we can set an affordable (and cheap) payment plan if you are handling the case yourself. Keep in mind that San Diego Defenders in the closest defense law firm to the SouthBay or Chula Vista court house where all these tickets and the cases are being heard. San Diego Defenders is well known in the Chula Vista Southbay Division of San Diego Superior Court. We can help with MIP tickets!

Local Attorneys with the Best Dismissal Rate vs. Prosecutors Hire Us When Arrested

It is true that a person charged, arrested or given a ticket should hire a local lawyer in the San Diego area. There are many instances when a tourist (or their son or daughter) from another state, like Arizona, is vacationing and finds themselves charged with a DUI VC 23152, petty theft PC 484, or simple possession of prescription pills HS 11350. Naturally, a person wants to hire the lawyer with “the best dismissal rate” or “best record” for these types of offenses. But who can make that claim? We at San Diego Defenders will be honest and tell you that nobody can make that claim with honesty and integrity. It is a great sales line, but the honest truth is that there is no governing body, association, club or entity that keeps track of dismissal rates. The truth is that the term dismissal implies that the case is completely dropped to most people hiring an attorney. The truth is that lawyers that advertise that way are referring to one of the charges being dismissed in a case that has multiple charges.

For instance, a DUI is generally charged as a driving while impaired which is VC 23152 (a) and driving with a BAC of .08 or greater which is VC 23152 (b). Unless a person goes to trial and is convicted of both counts, I cannot think of a time when I did not get one of DUI charges dropped. Can I now say that San Diego Defenders has the best dismissal rate in all of California? No, I will not make such a claim. However, I will tell you that San Diego Defenders Daniel Smith and associate, Jon Pettis have the one of the best reputations for defending you in a criminal misdemeanor case for affordable rates. We are known to live by our motto to “leave no stone unturned and challenge any questionable act by the police unchallenged”. The DA knows our reputation and respects us for it. In fact one of the best compliments I ever received was from a prosecutor that said he would honestly hire San Diego Defenders if he were ever arrested for a DUI. Why, I asked? And he replied “because you guys never give up!” I am going to take that as a compliment. I guess our new slogan could be “The Law Firm that Prosecutors Hire if They are Arrested”.

What happens if I get a DUI and I am in the military and close to retirement or a raise in grade?

Everybody knows that getting a DUI can short circuit a military career. But, if you are close to retirement or testing for your next grade, the implications of a DUI can be huge. It makes no difference if you are in the Navy, Marines, Coast Guard, Army or Air Force, your military retirement or grade pay can be damaged or ruined by a DUI.

A DUI Just Before Retiring or Next Grade in the Military

If you have already served your country well and are already planning to retire from the military or test for next grade, getting a DUI can be extremely costly. The most obvious way is if you get a demotion because of the DUI. Your retirement pay is based on the pay level you were at when you retired. When you are in the military, getting a DUI often means a demotion and/or a reduction in your pay grade. So, if you get a DUI just before retirement from the military, it can mean less money each month for the rest of your life.

If you get a DUI just before retiring, you need a DUI lawyer who understands how your military retirement works. This can help in three ways. First, if you have an excellent DUI lawyer, they may be able to help you beat the DUI completely. All defense lawyers will take DUI cases, but, not all of them know how to fight them and win. Make sure your lawyer has DUI experience and the specific knowledge involved in DUI cases to give you the best chance of winning.

Second, in many cases, if your lawyer can negotiate a deal where you avoid the DUI, it may mean you also avoid any reduction in pay grade.

Lastly, if you are very close to your military retirement, your lawyer can work to drag the case out so that nothing happens before you retire. Then, your pay grade is safe.

A DUI a Few Years Before Retiring

Getting a DUI a few years before retiring can be a huge problem. It can mean a demotion and/or a reduction in your pay grade leaving it so you cannot make grade in time and will not be able to complete your full time in. Also, if you are facing a second time DUI or you have had another alcohol related incident in your military career, you may be facing separation. In either case, this means you can lose your full retirement benefits and pay and end up paying for the DUI for the rest of your life. Delaying the case long enough to make a difference can be very challenging, but, it can also be very important. If you can get close enough to your full 20 years before getting a DUI conviction, the military may initiate the separation process, but, not complete it and allow you to retire after your full 20. Also, just like with people in the military who already have their retirement scheduled, negotiating a deal in your DUI case can mean the military will not take any action against you, thus, protecting your retirement.

Security Clearance After Retiring from the Military

Many military retirees go to work as Department of Defense (DOD) Contractors after they complete their service. However, if you are going to need security clearance for you new job, a DUI on your record could put that in jeopardy. It is important to have a DUI lawyer with experience handling cases with clients who hold security clearance.

There is no question that being charged with a DUI while on active duty or as a reserve duty is on the mind of any sailor arrested for drunk driving while on or off the Naval Base. My clients ask me if they need a military lawyer and if I think they will be disengaged? That is a picture of my father, Ralph G. Smith, Jr. (Who later became a DUI judge), so I, Daniel Smith know a little about the Navy!

The answer in 99 out of 100 cases is No you do not need a military lawyer and No, if this is your first DUI you will most likely be fine. You do not need someone that markets themselves as a military lawyer. In my law office both Jon Pettis and Dan Smith understand a sailor’s command and the possibility of being “busted down” and losing pay to Captain’s Mast and what that means to a sailor.

Most cases involving sailor’s end up in South Bay Division known also as “Chula Vista” court or Downtown court otherwise known as Central Division. Our office is very convenient for sailors, civil servants, or employees of DOD contractors that work at 32nd Street, North Island, MCRD and other like location SPAWAR and San Clemente. Many of our clients have either secret clearance or top secret clearance. And we can sometime use that as a bargaining chip.

Dan Smith, Jon Pettis and San Diego Defenders understand that sailors are on a budget and that is one of the reasons we offer payment plans. And we can set the DMV hearing within 10 days from arrest and make court appearances for most misdemeanor clients, including sailors. That means the sailor does not have to use valuable leave time for court.

San Diego Defenders then gets the police narrative reports prior to the court date and DMV hearing. Even if you have an out of state license, a sailor is generally not allowed to drive on base if is or her driving privileges have been suspended in California, so the DMV hear in super important. Getting the police reports ahead of time also helps us understand what kind of defenses we may be able to use in a sailor’s case.

So call us at San Diego Defenders and we will help you sailors out of situation a DUI or DV charge may bring. Call today at (619) 258-8888 to talk directly to attorney Daniel Smith.

Yesterday, all of San Diego’s civic and law enforcement leaders held a press conference concerning the results of an audit by the Department of Justice on the San Diego Police Department. The audit was requested by now retired SDPD Chief William Lansdowne after a couple years of report after report of police misconduct including several instances of sexual misconduct by SDPD officers on duty.

In general, the report blamed the problems on a lack of leadership. Too few Sergeants, reports of little problems never being addressed and turning into bigger problems and similar excuses/explanations. The audit made a number of recommendations, some of which have already been implemented.

The most obvious improvements concerning police misconduct are now seeing implementation. SDPD officers are now wearing body cameras while on duty. Soon all on duty officers should have them. This is a win win for police and citizens. If the cop is thinking about doing something wrong, if they have a camera on, maybe they won’t. If they still do, then they should be caught. If the citizen is doing something illegal or makes a false accusation of police misconduct, the video helps there, too. Another change requires two police officers to be present, either in the transport vehicle or in a trailing vehicle, when transporting female prisoners.

There were also recommendations concerning how to address instances of excessive use of force situations. That certainly has become a hot point issue throughout the United States in the last year or so.

In the wake of these recommendations, it is useful to take a step back to consider the underlying matters that policy changes will never be able to solve.

Most police officers go into law enforcement because they want to serve their community and try and make the world a safer place. Just like everybody else in the world, they can have bad days and can make mistakes, but, that does not mean they cannot go on to be excellent police officers.

Some people become cops to get a gun and a badge and be in charge. They do it for the power trip and look at everyone else as subservient to their authority. Almost all bad cops and most of the cases of police misconduct come from this group.

Problem cops will always exist and there is no magic way to get rid of them all or to prevent new ones from joining the ranks. Tools like cameras and policies that discourage problems certainly help and should be encouraged. But, they are only part of what is needed.

Everyone understands how and why prosecutors, judges and the higher ups in police departments want to defend police officers. The system can seem backwards if we do not start from the assumption the cops are the good guys. For people in the law enforcement system, life only makes sense if you trust the police.

But, the erosion of the Public’s trust in police is exactly what occurs with instances of police misconduct and excessive force. If the Public is not trusting the police, and the higher ups in the system are seemingly always running to defend the police, the Public develops a distrust of the entire system. As we have all seen from recent incidents from around the Country, that distrust is especially deep in some communities and in particular in minority communities.

The single biggest factor in preserving or improving the level of trust in the system is that police who are accused of wrong doing must be as aggressively pursued as anybody else. They should enjoy the same rights and expectation of fair treatment and due process, but, our leaders, both civil and in law enforcement, prosecutors and top cops alike, need to project to the community that they will treat cops the same as everyone else. If they do, even though it will not cure police misconduct, there will be a sense that it is not a battle between the system and the rest of us.

In 25 years defending DUI and other criminal cases my clients are always shocked to learn that they were charged with PC 273a (a) Child Endangerment as a felony and a VC 23152 (a) DUI as a misdemeanor. How can that be? It is pretty clear that the California Legislature wanted its citizens to know just how defenseless a child is when an adult is driving a vehicle DWI. The Penal Code language states: 273a. (a) Any person who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of that child to be injured, or willfully causes or permits that child to be placed in a situation where his or her person or health is endangered, shall be punished by imprisonment in a county jail not exceeding one year, or in the state prison for two, four, or six years.
The real problem, I tell my clients, is the language that points to driver, family or not, that “willfully causes or permits that child to be placed in a situation where his or her person or health is endangered.” And that does not mean that the child actually has to be hurt or in an accident. The child just has to be “placed in a situation” where the child could be hurt.

The penalty for Child Endangerment is two, four or six years in state prison! That is not the type of penalty a soccer mom or football dad could ever contemplate after having a few glasses of beer or wine after the game and before driving home.

There are defenses to this charge, such as a rising blood alcohol level. That is, when you actually pulled over by the officer, you were not over the legal limit until the officer drove you around in the back of their patrol car for an hour. In an hour, your body could easily absorb enough alcohol to place you over .08 BAC limit.

Today, I was fortunate enough to negotiate a reduction of the felony child endangerment to a misdemeanor pursuant to 17(b)(4). It was not easy and it was in a situation that seemed to offer no hope. Together, myself, Dan Smith and attorney Jon Pettis used our collective experience. In fact, Jon Pettis appeared with out client 2 times as did I in this case. Over the course of the negotiations, the different approaches and personalities worked in our clients favor. When I got the Deputy District Attorney to agree, I seized the opportunity to enter the plea to a misdemeanor. In all honesty, the probation department will not make it easy on our client, but he can keep his job and support his family. That is something you cannot do in jail.

Our client is a good person that made a poor decision to drive in a semi-emergency situation. Just this one time. But the officer contacted our client and we got the call. The bail was set at $50,000. That was our first indication it was being charged as a felony. A good result for our client and our law firm. “It will never happen again” was the promise our client gave to us today. San Diego Courts can be tough, call us if you need our help.

Can I Be Charged with PC 484 –Theft or PC 459 – Burglary If I Never Even Left The Store?

A lot of people do not truly understand what can amount to a petty theft, sometimes also referred to as shoplifting, or commercial burglary. It is common for people think they have not committed a crime when they enter a store with the intent to steal a small item (or forget to pay intentionally) or that they can still get charged with committing a crime even if they do not get away with stealing anything.

For example, I had a call the other day and the young lady said, “I put some makeup in my purse, but they grabbed me before I left the store! I can’t be charged with burglary AND shoplifting!!” She told me that she wanted to become a nurse and if she was convicted the school would not accept her. And for the most part, she is right. Even if you get into the program, you cannot do “clinicals” (work on the hospital floor) while on probation. The list of problems if you are convicted goes on.

In California, to be found guilty of petty theft, the prosecution has to prove several things:

· You took possession of property that belonged to somebody else;

· You took that property without the owner’s consent;

· When you took the property, you intended to deprive the owner of it permanently or to take it away from the owner for so long
that they would be deprived of a major portion of the value or enjoyment of the property;

· And, you moved the property even a small distance and kept it for any period of time. (Penal Code section 484, Jury Instruction
1800.)

So, even if you have not taken the makeup (in your purse) outside the store or to another section, a jury can find you have taken possession of it and intend to keep it, the crime has been committed. Of course, there are many defenses and San Diego Defenders understands them.

Everyone should keep in mind, today. Almost all stores have security cameras watching. Some can see almost every inch of the premises. Even if you are still in the store, if you hide something in your clothes or a bag, even stolen makeup can probably be seen. Other things that are important in shoplifting cases is whether the item out of its packaging or the tags are off when you picked it up, that can be a defense.

When someone is accused of shoplifting, it is important to have a defense attorney who really understands the law in order to be able to challenge all the things the prosecution must prove beyond a reasonable doubt. Don’t listen to your all the story from people you may know. Call us and we can evaluate your case. Your future may depend on it!

It has been all over the news since yesterday. San Diego Police Department Officer Jeffrey Swett, a long time veteran of the police force, was hit by his own patrol vehicle.

According to reports, Officer Swett had responded to a call about a residential burglary in progress near Naval Base San Diego. Apparently, he had exited his vehicle, but, left it running while he was speaking with witnesses at the scene. At that point, a 25 year old man, Frank William Bogard, jumped into the police SUV and drove off, hitting Officer Swett and actually carrying him on the hood of the vehicle for some distance until the Officer fell to the pavement.

Another Officer fired at the vehicle, and at least one bullet hit Bogard. He then proceeded to drive up the wire attached to a utility poll causing the vehicle to crash against the pole landing vertically against it. He was then taken into custody.

A lot of people are asking how this could have happened.

To start with, let’s all agree we hope Officer Swett is doing as well as possible. He was transported to the hospital where his injuries were reported as severe, but, not life threatening. Hopefully, he can make a rapid and full recovery. He is a well respected Officer who I just saw testifying in court last week at a hearing claiming he had illegally stopped a DUI driver. The Judge correctly concluded Officer Swett had acted properly.

People unfamiliar with police procedures will still be asking how this could have happened. How did he get hit by his own vehicle?

It is important to keep in mind, that situations like responding to a residential burglary in progress are very fluid. The officer is really jumping into a situation filled with unknowns. Are we sure which home is involved? Is the suspect still there? Has he or she fled? Does the suspect have any sort of weapon? Is there more than one suspect? Is anyone else in the home or is anyone else at risk? Is there a “get away car” nearby?

The responding officer has to deal with all of these types of questions and more. In general, they are trained to get to the scene as quickly as possible, assess the situation and gather as much information as possible as quickly as possible. That is probably why in this case Officer Swett was speaking with witnesses.

It is not uncommon for police to leave their vehicles running in a situation like this. They do not know if they are going to have to quickly need to begin a pursuit in their vehicle or move to another location to accomplish establishing a perimeter. Obviously, they do not want any “bad guys” taking their vehicle, but, it is extremely rare that criminals go toward or enter police vehicles on their own accord.

It is unclear from the reports so far if the person who jumped into the police vehicle was the burglary suspect or some other whacko who saw a chance to grab the vehicle. The investigation should answer those questions as well as whether Officer Swett could have done anything differently to prevent his vehicle from being taken. Further, initial reports could suggest the person who stole the police vehicle intentionally drove at Officer Swett. The investigation will also try and determine if the driver accidentally hit Officer Swett while trying to get away or if he was trying to hit him, perhaps to effectuate his escape.

There will also have to be some assessment of the use of force by the second officer who fired his gun at the vehicle. Hopefully, that officer was not shooting at the driver when Officer Swett was still on the hood. Never want police killed by friendly fire.

If nothing else, this is another example of how dangerous being a cop can be.

Over the years, brain scans have become more and more common and more and more precise, not only in determining the structures of a person’s brain, but, also the activity going on in a person’s brain.

Now, researchers claim that by studying a person’s brain scan can help predict whether criminals will reoffend as well as far more precise lie detecting.

Some new studies, published in the journals Neuron and Neuropsychopharmacology point to success in predicting whether criminals will reoffend. A study of 96 males convicted of crimes showed a correlation with reoffending and low activity in the part of the brain associated with cognitive control and particularly in the area of the brain that deals with cognitive conflict.

Simply put, these scientists believe they can predict who is more likely to commit future crimes. This raises very serious questions. Should people trying to get out of prison on parole be required to do this type of testing? What if they show a predilection for reoffending? Should they be denied parole? Maybe they should just be warned? Just because you are more likely to reoffend doesn’t mean you will. And, vice versa, just because you do not show the signs that you’ll reoffend doesn’t mean you won’t. It seems like a big step towards the thought police taking over. To be fair, the scientists have said this testing is no where near being ready to be used in real life.

Scientists studying brain scans also believe they are getting closer to very precise lie detection. Today, commonly used lie detectors, which measure heart rate and other physical symptoms, are very unreliable at telling if a person is lying or not. In fact, California Evidence Code section 351.1 prohibits lie detector results into evidence unless both parties agree they may come in. That essentially never happens. But, now scientists using brain scans say their testing is more than 90 percent accurate in determining deception and eventually should be 99 percent accurate. The idea is that when a person is lying or being deceitful, different parts of their brain are more active than normal.

This also has serious implications. Defendants are protected by the Fifth Amendment to the Constitution from self incrimination. So, they could not be required to take these tests. But, if they voluntarily take these tests, should they be allowed into evidence even if the prosecutor doesn’t like them?

We live in a world where technology continues to attain achievements that seemed unbelievable just years or decades ago. It is critical that as we as a society have these new tools available, we also consider and debate the ethical and moral implications the new tool raise.